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CG | BCMR | Other Cases | 2007-184
Original file (2007-184.pdf) Auto-classification: Denied
DEPARTMENT OF HOMELAND SECURITY 

BOARD FOR CORRECTION OF MILITARY RECORDS 

  

_____________________________________________________________________________                                                               
 
Application for Correction           
of the Coast Guard Record of:                     
                                         
                                                                                       BCMR Docket No. 2007-184 
                                                                               
XXXXXXXXXX                                                                              
XXXXXXXXXX  
 
______________________________________________________________________________ 
 

  

FINAL DECISION                                                                                     

 
 
This is a proceeding under the provisions of section 1552 of title 10 and section 425 of 
title 14 of the United States Code.  The Chair docketed the case on August 15, 2007, upon receipt 
of  the  applicant's  completed  application,  and  subsequently  prepared  the  final  decision  for  the 
Board as required by 33 C.F.R. § 52.61(c).  
 
 
appointed members who were designated to serve as the Board in this case.  
 

This  final  decision,  dated  April  10,  2008,  is  approved  and  signed  by  the  three  duly 

RELIEF REQUESTED  

 
 
The applicant asked the Board to correct his record to show that he graduated from boot 
camp in pay grade E-3 (SN), rather than pay grade E-2 (SA).   The applicant stated that upon his 
enlistment in the Coast Guard he had earned two culinary arts degrees and should not have been 
enlisted in pay grade E-1 (SR).  He claimed that his recruiter did not provide him with accurate 
counseling  about  his eligibility for a higher pay grade based on his educational achievements.  
The applicant submitted transcripts from the schools in which he obtained his degrees.  .    
 

VIEWS OF THE COAST GUARD 

 
 
On  January  2,  2008,  the  Board  received  the  views  of  the  Coast  Guard from the Judge 
Advocate General (JAG).  The JAG adopted the comments and recommendation provided by the 
Commander, Coast Guard Personnel Command (CGPC). 
 
 
Rather than the specific relief requested by the applicant, CGPC recommended that the 
applicant’s record be corrected to show that he was accessed into the Coast Guard in pay grade 
E-3.  CGPC further recommended that the applicant’s record be corrected to show that he was 
advanced to FS3 (pay grade E-4) on November 2, 2006, and that he be awarded back pay and 
allowances.  
 
 
CGPC noted that the applicant enlisted in the Coast Guard on May 2, 2006; completed 
basic training on June 23, 2006; completed FS “A” school and advanced to SNFS (pay grade E-

  

 

3) on October 13, 2006; and advanced to pay grade E-4 on April 13, 2007.  CGPC also noted that 
the applicant had earned a total of 157.50 college credits prior to enlisting in the Coast Guard.  In 
recommending alternative relief, CGPC stated the following: 
 

[The] Coast Guard Recruiting Manual . . . . Article 2.B. specifies that verification 
of education on the DD Form 1966 [enlistment application] is a “responsibility of 
recruiters.”  Article 2.E.6.b.6 authorizes enlistment in an advanced pay grade for 
members who are college students.  “Applicants who . . . satisfactorily completed 
30  semester  fours  or  45  quarter  hours  of  post  secondary  .  .  .  may  enlist  in  pay 
grade E-2 . . . Applicants who have satisfactorily completed 60 semester hours or 
90 quarter hours of post-secondary . . . education may enlist in pay grade E-3.”   
 
[Coast Guard Personnel Manual] . . . Article 5.C.4. specifies that members must 
complete  6  months  time  in  service  as  E-3  for  advancement  to  E-4.    Article 
5.C.26.a authorizes commanding officers to advance E-3 members to E-4 (without 
reference  to Commandant)  who were assigned a designator upon completion of 
class “A” school . . .   
 
. . . Based upon the transcripts provided by the applicant he had completed 157.50 
credits which exceed the requirements for enlistment [in] pay grade E-3.   
 
While  the  applicant  requests  that  his  record  be  corrected  to  show  that  he  was 
advanced to E-3 upon graduation from basic training, this requested relief is not 
appropriate.  As the record clearly indicates the applicant was eligible to enlist as 
an E-3 based upon his college education . . . changing his record to reflect that on 
May 2, 2006 he enlisted at pay grade E-3 vice E-1 is appropriate.  Additionally, 
since  the  applicant’s  advancement  to  E-4  was  impacted  by  this  error  it  is 
recommended (if the applicant does not object) that his date of rank for E-4 be 
adjusted  from  April  13,  2007  to  November  2,  2006.    [The  Personnel  Manual] 
prescribes  that  members  have  6  months  time  in  service  as  E-3  before  .  .  .  
advancement to E-4.   

APPLICANT’S RESPONSE TO THE VIEWS OF THE COAST GUARD 

On January 8, 2008, the sent a copy of the view of the Coast Guard to the applicant for 

 
 
his agreement or disagreement.  The Board did not receive a response. 
 

FINDINGS AND CONCLUSIONS 

 

1.  The  BCMR  has  jurisdiction  of the case pursuant to section 1552 of title 10, United 

The Board makes the following findings and conclusions on the basis of the submissions 

 
of the applicant and the Coast Guard, the military record of the applicant, and applicable law. 
 
 
States Code.  The application was timely.  
 
 
2.   The Coast Guard admitted, and the Board agrees, that applicant had the necessary 
college credits at the time of his initial entry into the Coast Guard to be enlisted in pay grade E-3.  

  

He had at that time 157 college credits, and the pertinent regulation required only 60 such credits. 
See  Article  2.E.6.b.6  of  the  Recruiting  Manual.    The  JAG  stated  that  the  recruiter  had  the 
responsibility  for  verifying  the  applicant’s  educational  achievements  during  the  enlistment 
process.  Apparently, the recruiter failed to do so in this applicant’s case.   
 
  
3.  The applicant’s request for advancement to pay grade E-3 upon his graduation from 
boot camp cannot be granted by the Board since there is no authority to grant advancement from 
E-2 to E-3 on the basis of graduation from recruit training.  The alternative relief recommended 
by the Coast Guard is appropriate and cures the error and injustice suffered by the applicant by 
correcting his record to show that he enlisted in pay grade E-3.   
 
 
4.  Because the applicant was erroneously enlisted in pay grade E-1, his advancement to 
pay  grade  E-4  was  delayed  by  five  months.    According  to  the  advisory  opinion,  regulation 
required the applicant to spend 6 months in pay grade E-3 before he could be advanced to pay 
grade E-4.  If the applicant had been enlisted in pay grade E-3, he would have met the 6-month 
requirement  on  November  2,  2006.    Therefore,  the  JAG  recommended,  in  the  absence  of  an 
objection from the applicant, that his date of rank in pay grade E-4 be adjusted retroactively to 
November 2, 2006, with back pay and allowances.  The Board did not receive an objection from 
the applicant and agrees with the recommendation.   
 
 
Guard. 
 
 
 
 
 
 
 
 

5.    Accordingly,  the  applicant  should  be  granted  the  relief  recommended  by  the  Coast 

[ORDER AND SIGNATURES APPEAR ON NEXT PAGE] 

  

 

ORDER 

 

 
 

 
 
The  application  of  XXXXXXXXXX,  USCG,  for  correction  of  his  military  record  is 
granted.  His record shall be corrected to show that he enlisted in the Coast Guard on May 2, 
2006, in pay grade E-3.  His record shall be further corrected to show that he held this pay grade 
until he was advanced to pay grade E-4 on November 2, 2006.  The applicant shall receive any 
back pay and allowances he may be due as a result of this correction.   
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 Thomas H. Van Horn 

 
 
 Darren S. Wall 

 
 

 

 
 Dorothy J. Ulmer 

 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 
 

 
 

 

 
 

 
 

 
 



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